It claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and thus, is liable to be struck down.
The Delhi High Court has ruled that the rights of an overseas citizen of India (OCI) cardholder cannot be arbitrarily curtailed, stating that the deportation and blacklisting of a US citizen holding an OCI card, accused of unauthorized missionary activities, did not follow proper statutory procedure. The court emphasized the need for natural justice, requiring an opportunity for the individual to be heard and contest the allegations before any action is taken.
Gay activists and the non governmental organisation which fought an eight-year-long legal battle for their rights on Thursday hailed the Delhi High Court verdict legalising homosexuality as 'progressive'. "Now it seems we are in 21st century as the rights of homosexuals have been recognised by the high court. This very progressive judgment recognises the right to equality," said Anjali Gopalan, founder of Naz foundation, the NGO which filed the petition in HC.
The Delhi High Court has ruled that an undertrial's prolonged incarceration cannot be a reason to grant bail in terrorism cases, emphasizing the gravity of such offenses and their potential to destabilize the nation. The court denied bail to separatist leader Nayeem Ahmad Khan in a terror-funding case involving Lashkar-e-Taiba (LeT) and 26/11 Mumbai attack mastermind Hafiz Saeed. The court considered the accused's argument regarding a prolonged trial and his right to liberty but emphasized that the serious nature of the crime, with its potential to disrupt national unity and create fear among the public, outweighs the length of incarceration. Khan, who was arrested in 2017, has been accused of conspiring for secession of Jammu and Kashmir through terrorist activities, receiving funding from Pakistan, and organizing anti-India rallies and demonstrations. The court highlighted the evidence, including witness statements and documents, supporting the accusations against Khan.
Prolonged incarceration without trial amounts to infringement of the right to life under the Constitution, the Bombay high court said while urging a special court to expedite the trial in the 2018 Elgar Parishad-Maoist links case.
The Supreme Court of India has rejected a plea by a woman claiming to be the legal heir of the Mughal emperor Bahadur Shah Zafar-II, seeking possession of the Red Fort in Delhi. The court termed the plea as "misconceived" and "meritless", dismissing the petition against the Delhi High Court order. The petitioner, Sultana Begum, argued that her family was deprived of the Red Fort by the British East India Company after the first war of Independence in 1857. The court, however, dismissed the petition, citing the delay in filing the appeal and the lack of justification for the claim.
The Delhi High Court has ordered Yoga guru Ramdev to remove within 24 hours an offensive video targeting Hamdard, manufacturers of Rooh Afza, from social media platforms. The court previously ordered him not to issue any statement or share videos in future similar to those before it and relating to products of competitors including Hamdard. Ramdev was accused of contempt in a row over his controversial "sharbat jihad" remarks against the drink.
Arms dealer Sanjay Bhandari has opposed the Enforcement Directorate's (ED) plea in a Delhi court seeking to declare him a "fugitive " in connection with a black money case. Bhandari claims his stay in the UK is legal as the London High Court denied his extradition to India. The court's decision was also cited by an English court in April to deny the Indian government's request to extradite another accused in a rice-buying scam. Bhandari's lawyer argued that the ED's application was "vague, misplaced and without jurisdiction " and that the value involved in the case was less than the required Rs 100 crore to declare someone a "fugitive. " The Delhi court has sought the ED's rebuttal to Bhandari's argument by May 3.
The Chief Justice of India (CJI) Sanjiv Khanna has ordered an in-house inquiry into allegations against a Delhi High Court judge, Justice Yashwant Varma, after reports of burnt cash being found at his residence. The inquiry will be conducted by a three-member committee headed by Justice Sheel Nagu, Chief Justice of the Punjab and Haryana High Court. The allegations stem from a report by the Delhi High Court Chief Justice Devendra Kumar Upadhyaya, who stated that four to five semi-burnt sacks of Indian currency notes were found at Justice Varma's residence following a fire. Justice Varma has strongly denied the allegations, calling them a conspiracy to frame him.
The high court asked him to appear after he tendered an unconditional apology, through an affidavit, for his alleged remarks.
'No money will go henceforth to any entity which does not comply with the Sports Code'
The Delhi high court on Thursday reserved its judgment on a batch of petitions challenging the Centre's Agnipath scheme for recruitment in armed forces.
Policy decisions, particularly those which have wide-ranging implications on the nation's health and security, should be decided by bodies best suited to do so, the Delhi high court said on Monday while refusing to interfere with the Agnipath scheme.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had on December 15 last year reserved its verdict on the matter.
The Delhi high court on Monday upheld the Centre's Agnipath scheme for recruitment in the armed forces, saying it was made in national interest and to ensure that the armed forces are better equipped.
The Delhi high court on Wednesday said it will hear on August 25 a batch of petitions challenging the Centre's Agnipath Scheme as it is yet to receive the files of pleas transferred here by the Supreme Court.
The Delhi High Court has directed Customs officials to ensure that old and personal jewellery of travellers, including ornaments being worn by them during travel, are not unnecessarily detained at airports and they are not harassed. The court was hearing a batch of more than 30 petitions raising issues on the procedure for detention of goods belonging to the tourists travelling to India, of both Indian and foreign origin, by the Customs department.
The Delhi high court on Friday said it will first hear the pleas directly challenging the Centre's Agnipath scheme and then decide those concerning the recruitment processes for the armed forces under certain previous advertisements.
The West Bengal government has assured the Calcutta High Court that the law and order situation in violence-hit Murshidabad district is under control. The court was hearing a petition by the Leader of the Opposition, Suvendu Adhikari, who alleged bomb blasts during communal riots and sought an NIA investigation. The state government claims adequate steps have been taken to quell the violence, while the Centre has requested an extension of CAPF deployment in the district. The violence erupted during protests against the Waqf (Amendment) Act in Murshidabad, displacing several families. The state government has reported that some families have returned to their homes.
The Delhi high court said on Saturday that if any official at the central, state or local administration was obstructing in the picking up or supply of oxygen, then it would 'hang' that person.
Unnecessary victimisation may "reflect in the bilateral relations", the Bombay high court said on Thursday while ordering the authorities to issue exit permit to a Chinese woman who was acquitted in a gold smuggling case yet could not leave India.
The court upheld the guidelines and imposed Rs 1 lakh cost each on the petitioners to be deposited with the CCPA towards consumer welfare.
The DMA, on behalf of its doctor members, said Ramdev's statement affects as that medicine does not cure coronavirus and it is misleading.
The Delhi High Court has ruled that qualified women with an earning capacity should not claim interim maintenance from their husbands, stating that the law does not promote idleness. The court dismissed a woman's plea for maintenance from her estranged husband, highlighting her education and potential to earn. The court encouraged her to actively seek employment, stating she had the capability to become self-sufficient.
Satish Chandra Verma, a senior IPS officer who had assisted the Central Bureau of Investigation in its investigation into the alleged fake encounter case of Ishrat Jahan in Gujarat, was dismissed from the service on August 30, a month before his scheduled retirement on September 30, officials said on Tuesday.
The Delhi high court on Friday refused to entertain a PIL seeking direction to the Centre and the Election Commission to make voting compulsory in parliamentary and assembly polls, saying it cannot force a person to vote.
The Supreme Court of India will examine the jurisdiction of the Lokpal, India's anti-corruption ombudsman, in entertaining complaints against sitting high court judges. The court is considering a suo motu proceeding initiated over the Lokpal's January 27 order on the issue. The case involves two complaints filed against a sitting additional judge of a high court, alleging that he influenced a judge of the subordinate judiciary and a judge of the same high court set to deal with a suit filed against the complainant by a private company.
Seventeen years after the cash-at-judge's door case rocked the judiciary, a special Central Bureau of Investigation court in Chandigarh on Saturday acquitted former Punjab and Haryana high court judge Nirmal Yadav and four others in the matter.
The bail plea was opposed by ED which had said the offence committed by him has cross border implications and if released, he would not be available for further ongoing investigation.
Financial technology (fintech) firms PhonePe and BharatPe announced on Sunday that they have settled long-standing legal disputes regarding the use of the trademark with the suffix 'Pe' in their brand names. The settlement concludes five-year-long legal disputes across multiple courts. Both companies have decided to withdraw all opposition against each other in the Trade Marks Registry.
The intention behind POCSO Act is to protect children from sexual exploitation but it was never meant to criminalise consensual romantic relationships between young adults, the Delhi high court has said.
The Delhi high court dismissed the appeals of WhatsApp and Facebook on Thursday against an order rejecting their challenge to a probe ordered by the Competition Commission of India (CCI) into the instant messaging platform's updated privacy policy of 2021.
The Orissa high court on Tuesday issued notices to two persons with the same name, both of whom claimed to have been conferred the Padma Shri award in 2023, to appear before it to present their case on February 24.
The Delhi high court on Monday sent to the Supreme Court a batch of petitions seeking to recognise same-sex marriages under various laws.
The Delhi High Court on Tuesday directed the setting up of a three-member Committee of Administrators (CoA) to take over the affairs of the Indian Olympic Association (IOA).
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that the NGT has already imposed a complete ban on Chinese synthetic manjha and even the Delhi police has been issuing notifications in this regard
Criticising the police for arresting an SUV driver and blaming him for the incident, the high court said, "Mercifully, you have not challaned the rainwater for entering into the basement."
Amazon on Wednesday filed a writ petition in the Delhi high court seeking clarifications on the scope of Enforcement Directorate's (ED) investigations into alleged foreign exchange violations by the company, according to sources. Last month, Amazon had said it was in receipt of summons by the ED in connection with its deal with the Future Group. According to sources, Amazon in its filing said the ED is expanding the scope of its investigations by seeking privileged and confidential legal advice it received in ordinary course of business since it started marketplace operations and that such requests aren't related to the agency's probe into the Future-Amazon deal.
The Delhi High Court has ordered Jammu and Kashmir MP Abdul Rashid Sheikh, alias Engineer Rashid, to deposit Rs 4 lakh with the prison authorities as travel expenses for attending Parliament. The court allowed Rashid to attend the ongoing Parliament session "in-custody" till April 4, but the NIA had raised concerns about him being a flight risk. Rashid has been lodged in Delhi's Tihar Jail since 2019 after the NIA arrested him in a 2017 terror-funding case.
The "intentions and motive" behind filing of the plea are evident from the fact that the instant project has been singled out by the petitioners despite several other agencies, including Delhi Metro, carrying out construction activities across the national capital, the Centre has alleged.
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